Murray v Camerons Limited [2022] JRC 016 (21 January 2022)

Murray v Camerons Limited [2022] JRC 016 (21 January 2022)

The JCT Standard Contract did not apply in full as the contract price was never finalised; therefore, statutory interest at 2% above the UK base rate applies from 29 July 2016. The Defendant is entitled to its costs on the standard basis as the clear winner, but not on the indemnity basis, as the litigation did not depart from the norm in terms of conduct.

Citation
[2022] JRC 016
Parties
Plaintiff: Sir Bob Murray CBE; Defendant: Camerons Limited
Jurisdiction
Jersey
Judgment Date
21 January 2022
Procedural Posture
Civil / Post Judgment Decision on Interest and Costs
Outcome
Defendant's application for contractual interest and indemnity costs refused; statutory interest and standard basis costs awarded.
Legal Topics
Interest on Judgment Debts, Costs of Proceedings, Contractual Interpretation
Contract Law Civil Procedure Interest on Judgment Debts Costs of Proceedings Contractual Interpretation

Case Brief

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Parties

Sir Bob Murray CBE

Plaintiff

Camerons Limited

Defendant

Procedural Posture

Civil / Post Judgment Decision on Interest and Costs

Legal Issues

  1. 1 Whether contractual or statutory interest applies to the sum due
  2. 2 From what date interest should run
  3. 3 Whether costs should be awarded on an indemnity or standard basis and in what proportion

Ratio Decidendi

The JCT Standard Contract did not apply in full as the contract price was never finalised; therefore, statutory interest at 2% above the UK base rate applies from 29 July 2016. The Defendant is entitled to its costs on the standard basis as the clear winner, but not on the indemnity basis, as the litigation did not depart from the norm in terms of conduct.

Court Disposition

Defendant's application for contractual interest and indemnity costs refused; statutory interest and standard basis costs awarded.

Orders

  • Plaintiff to pay Defendant interest at 2% above the UK base rate from 29 July 2016 until payment.
  • Plaintiff to pay Defendant's costs of and incidental to the proceedings on the standard basis, to be taxed if not agreed.